Lewis v. Moss

JONES, Justice.

Where primary and derivative claims in a consolidated action result in a jury verdict awarding damages to the injured wife and a defendant’s verdict in the husband’s case; where the only defense in the husband’s suit is a general denial; and where the *92evidence is uncontradicted that the husband suffered some damages not claimed by his wife, is the husband entitled to a new trial on the ground of inconsistent jury verdicts? Yes; we reverse and remand.

We emphasize at the outset that our affirmative reply to the issue here presented is necessarily dependent upon the factual…